"Double 11 Chop Hand Party"
What regret medicine can be taken
Experts suggest calm consumption and legal rights protection
□ Our reporter Wen Lijuan
□ Our newspaper trainee reporter Sun Tianjiao
"There are only 12 hours left before the final payment!" At noon on November 11, Beijing Minzhong suddenly remembered that she had placed an order for a set of makeup products a week ago and paid a deposit of 40 yuan.
Opening the shopping platform, she saw the "Pending Payment" page reminding "The end of the payment is due at 23:59 on November 11."
Buy it or not?
Ms. Zhong struggled: After a week, she didn't have enough enthusiasm for this set of makeup, and she didn't want to buy it; but if she didn't buy it, the 40 yuan deposit she paid would be lost.
There are not many people like Ms. Zhong who are anxious about the balance of money.
This year's "Double 11", under the "indiscriminate bombardment" of various subsidy coupons, advertisements, and discounts by merchants, many consumers made deposits on impulse, only to find that the deposits were not refundable.
Many "Double Eleven Chop Party" raised questions, are there any "regret medicine" for paying the deposit and refunding it?
In addition to paying the deposit, the so-called discount "routines" by the merchants, the impulse to place an order when seeing gifts or discounted goods, and the loss of a concentrated package due to shopping are all "thunders" that consumers tend to step on during the "Double 11" period.
What should consumers do if they encounter these annoying things?
A reporter from the Rule of Law Daily conducted an interview.
Non-refundable deposit
Set a cooling-off period to brighten your eyes
Mr. Wen Wen from Changsha, Hunan is an online shopping expert. During the first wave of preemptive purchases on an e-commerce platform in late October, he filled his "shopping cart" and paid a deposit.
When he paid the balance, he found that there were few clothes to wear, so he wanted to return it, but the customer service of the store told him that the deposit paid could not be refunded.
"Usually, you can get refunds for all purchases, why can't the deposit be refunded?" Mr. Wen didn't understand this.
The reporter noticed that the "Double 11" consumption rules of some e-commerce platforms specifically explained the "deposit": "The deposit is mainly used to determine the purchase quota when purchasing pre-sale goods, and to guarantee the performance of the contract; after the deposit is paid, the buyers and sellers should consciously abide by it. The relevant provisions of the Civil Code stipulate that when the contract cannot be performed, in addition to force majeure, the liability for breach of contract shall be borne based on the fault of both parties." When paying the deposit, consumers must check the "knowledge that the deposit is not refundable" option before payment can be made.
Regarding the "non-refundable deposit" point, many consumers interviewed by reporters expressed that they could not agree: "The deposit is paid to purchase the product. If I don't want this product, why can't I refund it?"
In response, Chen Zechun, a post judge of the People's Court of Tianxin District, Changsha City, Hunan Province, explained that the deposit is different from the deposit.
Article 587 of the Civil Code stipulates that when the debtor fulfills the debt, the deposit shall be used to offset the price or be recovered.
If the party that pays the deposit fails to perform the debt or the performance of the debt does not meet the agreement, so that the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; if the party receiving the deposit fails to perform the debt or the performance of the debt does not meet the agreement, so that the purpose of the contract cannot be achieved, the return shall be doubled Deposit.
"Therefore, consumers cannot request a refund after they have paid the deposit, and it is legal for merchants not to refund the deposit. However, the deposit must not exceed 20% of the target amount of the main contract. Ask for a refund." Chen Zechun suggested that consumers can set themselves a consumption cooling-off period, that is, after the product is fancy, sleep for one night before deciding whether to buy it; at the same time, when buying, see whether the reminder is a deposit or a deposit, the deposit can be requested return.
Can consumers get a refund after paying the deposit?
According to Du Xiujun, a lawyer at the Beijing Manifesto Law Firm, Article 25 of the Consumer Rights Protection Law stipulates that operators use the Internet, TV, telephone, mail order, etc. to sell goods, and consumers have the right to return the goods within seven days from the date of receipt of the goods. , And there is no need to explain why.
"If consumers want to refund after paying the deposit, they can perform the contract first, keep the goods in good condition after paying the final payment, and apply for a'seven days without reason' return on the e-commerce platform."
Price fraud
Can request triple compensation
The popularity of "Double 11" is inseparable from commodity price concessions.
However, the reporter's interview found that some businesses used the "Double 11" event to promote products to increase sales, and there were false propaganda and even price fraud.
Coupons, limited-time coupon prices, cross-store full discounts... On November 11, when opening several products on sale, the reporter found that these products had several prices on one page: original price, "Double 11" price, etc. , The merchants also provide a variety of coupon gimmicks such as "membership to receive coupons", "share 3 friends to receive large coupons," and other coupon gimmicks, which are dazzling.
Can the products purchased during Double 11 really guarantee the lowest prices throughout the year?
A month ago, Ms. Wang from Beijing City took a fancy to a skirt on an e-commerce platform. Considering that it will soon be the "Double 11" shopping festival, which is known as the "lowest price of the year", she planned to wait until the event period to buy it.
As a result, she found that the prices during the "Double 11" period were more expensive than before.
"The skirt was 480 yuan before, and now it is 499 yuan after the'Double 11' discount. It is possible to barely keep the same price as the previous price after including the various discounts on the platform." Ms. Wang questioned, isn't this price fraud? ?
Chen Zechun pointed out that price fraud refers to the behavior of business operators using false and misleading pricing forms or price tactics to deceive and induce consumers or other business operators to conduct transactions with them.
"The current e-commerce sales process is suspected of price fraud, and there are three main types of pricing methods that cause consumers to mislead. One is fictitious original prices and fictitious discounts; the other is fictitious discount periods, such as the “promotion is only for this day, and the price will increase soon.” But after the promotion time ends, the product price will still be the same as the promotion price; third, the settlement price is higher than the price marked on the event page." Chen Zechun said.
According to Article 55 of the Consumer Rights Protection Law, if a business operator commits fraud in providing goods or services, he shall compensate for his losses in accordance with the demands of consumers, and the increased amount of compensation shall be the price paid by consumers for purchasing goods or receiving services. Three times the cost; if the amount of compensation is less than five hundred yuan, five hundred yuan.
If the law provides otherwise, follow those provisions.
"In case of price fraud, consumers should keep screenshots, communication with merchants and other evidence. If it is determined that the merchant has intentional fraud, the merchant can be required to bear civil liability for the fraud." said Professor Li Xiandong, an expert in civil and commercial law. At the same time, consumers can perform administrative actions. You can also go to the court to file a complaint.
In Li Xiandong's view, the platform should perform its supervisory responsibilities, respond promptly when encountering consumer-related complaints, check relevant data and respond accordingly.
Fake gifts
Merchants are responsible for the defects of the gifts
"A bottle of water lotion is pre-sold for 188 yuan, and a facial mask worth 60 yuan will be given."
"Buy 6 packs of beef noodles for 98 yuan and get an electric cooker for free."
"Buy a washing machine and get an electric kettle."
……
During this year's "Double 11" period, merchants launched "buy gifts" one after another.
Some netizens exposed their "Double 11" trophies: buy noodles to get a pot, buy two skin care products to get a bunch of samples, and buy a hair band to get a box of small toys.
Some consumers said that they were "tempted" when they saw the gifts. They didn't expect the quality of the gifts to be so poor, and some even "three no products."
Recently, the People's Court of Haidian District, Beijing announced a case.
Mr. Zhang bought a computer during the "Double 11" event. At that time, the merchant was engaged in a "buy one get one free" promotion, so he was given a soymilk machine.
On the night of receiving the goods, when Mr. Zhang touched the soymilk machine and was injured by electric shock, he lost part of the function of his left hand. He was judged to be a sixth-degree disability after judicial identification.
Mr. Zhang sued the court, and the product quality supervision department entrusted by the court to inspect it, and found that the normal insulation resistance of the soymilk maker involved was zero, which could directly cause the shell to become live.
The court finally ruled that the merchant should compensate Mr. Zhang for his losses.
The experts interviewed by the reporter agreed that the gifts given by the store are not free gifts.
In the purchase and gift activity, the gift and the sold product form a bundled sale. This gift is a gift with obligation. Although the gift is obtained free of charge by the consumer, it is still a product in essence and is still subject to the product quality law and consumer rights. Under the restrictions of the protection law and other related regulations, merchants should still be responsible for the defects of the gifts.
According to the provisions of Article 662 of the Civil Code, for an obligation-attached gift, if the donated property is defective, the donor shall bear the same responsibilities as the seller within the limits of the attached obligation.
"If the gifts are fake and inferior products, consumers can treat them as normal purchases and require the merchants to bear the responsibility, or complain to relevant departments to protect their legitimate rights and interests." Du Xiujun said.
Li Xiandong specifically reminded that if the gifts cause personal damage to consumers due to quality problems, there are two legal relationships involved. legal liability.
"According to the contract, the merchants should provide products with guaranteed quality and quantity. Even gifts should not have quality problems. If the gifts are counterfeit and pirated imitations, it violates the intellectual property law and infringes the copyright of genuine products. Consumers You can report it." Li Xiandong said.
Shipment lost
Consumers can sue the seller directly
"Double 11" express delivery of the first order within 10 minutes-this is a hot search when the first wave of "Double 11" events started this year.
However, the reporter found that there were still many problems with express delivery during the big promotion.
On the Black Cat Complaint Platform, the reporter used "Double 11" and "Express" as keywords to search, showing 3,322 results.
Loss of express mail, delivery delays, incorrect logistics information, false receipts, etc. are the most frequent complaints from consumers.
On November 10, a consumer complained on the Black Cat Complaint Platform that the goods they purchased arrived at the Langfang Operation Center on November 3, and did not update the logistics information since then. They asked the customer service of the logistics company to consult and got a reply saying “Express shipments are not in the transport truck. superior".
The consumer suspects that his shipment has been lost.
In reality, there are not a few people who are "signed" or even lost.
Recently, many online shopping consumers of "Double 11" reported to reporters that the goods they purchased had problems in the express link, and they could not receive the goods normally.
"I don’t make calls. I put the express at the door, knock on the door, and leave." Mr. Guo, a Beijing citizen, told reporters that some couriers were very "frequent" when delivering express mails to their residential quarters and left them at will. At the door of each person, he clicked "Signed for".
"Who is responsible if the shipment is lost?"
"The legal relationship of the express delivery program is actually a contract signed between the merchant and the logistics company. The consumer as the recipient is actually an independent third party, that is, this is a contract for a third person. In this case, the consumer If the rights and interests are damaged, you can either file a claim for compensation from the merchant or the courier." Li Xiandong said.
What if the courier company and the merchant "kick the ball"?
The interviewed experts suggest: Consumers directly report to the seller.
According to the provisions of the Civil Code, if the subject matter of an electronic contract concluded through the Internet and other information networks is the delivery of goods and delivered by express logistics, the time of receipt of the consignee is the delivery time.
The risk of damage or loss of the subject matter shall be borne by the seller before the delivery of the subject matter and by the buyer after the delivery.
"In the online shopping contract relationship, there is a sales contract relationship between the buyer and the merchant, and there is a transportation contract relationship between the merchant and the logistics company. Therefore, when consumers encounter similar problems, they can sue the merchant based on the sales contract. The merchant bears the loss Later, they can claim their rights against the logistics company based on the transportation contract.” Du Xiujun said.